Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff's predecessor-i, interest purchased the property not by measurement but by boundaries - Property in question is identifiable - First Appellate Court rightly relied upon commission reports and various evidence which were on record and led by parties and had correctly concluded that plaintiffs were..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of fact - Suit for permanent injunction - House in question was ancestral and predecessor-i, interest of plaintiff and uncle of plaintiff were real brothers - Half of house thus, come in the share of plaintiffs - Defendant thus, directed to handover vacant possession of disputed portion of house - No..........
Specific Relief Act, 1963, Section 39, 41(h) -- Suit for mandatory injunction - When efficacious remedy in the form of suit for recovery is available then filing of suit for mandatory injunction is hit by S.41(h) of Specific Relief Act...........
Specific Relief Act, 1963, Section 38, 39 -- Injunction suit based on easementary right - Suit for mere injunction without seeking relief of declaration is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary evidence - Application for setting..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed by plaintiffs for challenging sale deed executed by defendants in favour of defendant no.6 - Property in question inherited by parties equally - Defendants sold half share out of suit property - Plaintiffs have no prima facie case or balance of convenience in their favour for grant of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Sale of ancestral property - Question of nature of property as to whether ancestral property or self acquired property can only be decided after parties lead evidence - Temporary injunction rightly declined...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - For getting back vacant possession of suit property - Defendant claiming protection of his possession on the basis of agreement to sell - Defendant neither filed a suit for specific performance of contract nor had he pursued his counter claim in the suit - On this count claim of defendant and legal right to..........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 22, Rule 5 -- Finding on issues - Suit for permanent injunction - Trial Court while decreeing suit not recorded finding on each issue separately as per O.14.R.2 r/w O.22.R.5 CPC - Further, it is not clear from judgment of trial Court that which issue it has decided - It was incumbent upon trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Premises in question belonging to defendant/father - Two consecutive Courts have held that plaintiff/son is not having any right to be protected under order of temporary injunction - Person holding possession for a long time is the general law pertaining to possession, cannot be applied where father..........
